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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, AJAY DIGPAUL, JJ.
Bhupinder Kumar Malik- Petitioner
Versus
Union Of India & Anr. - Respondent
W.P.(C) 14156 of 2009
Decided on : 08-08- 2025
| Table of Content |
|---|
| 1. contest against promotion order (Para 1) |
JUDGMENT :
AJAY DIGPAUL, J.
1. The petitioner, [“Bhupinder”, hereinafter.], Bhupinder Kumar Malik, is before us in challenge against Order dated 3 November 2009, whereby he was promoted to the post of Deputy Judge Attorney General/ Deputy Commandant, [“Dy. JAG/ DC”, hereinafter] with immediate effect – to the extent that he seeks seniority in the post with effect from 2002.
2. Thereafter, he prays to be declared as being in service as Judge Attorney/Assistant Commandant, [“JA/AC”, hereinafter] with effect from 10 July 1995, and in the capacity of Deputy JAG / DC with effect from 2002.
3. Subsequently, Bhupinder prays for directions to Respondent 2/ Director General, [“DG”, hereinafter] Indo Tibetan Border Police Force, [“ITBP”, hereinafter] to convene a Department Promotion Committee, [“DPC”, hereinafter] to assess his suitability for promotion to the post of Additional Judge Attorney General/ Commandant, [“Addl. JAG/ Comm”, hereinafter], along with a plea for the grant of relaxation of certain eligibility criteria according to relevant Office Memoranda.
4. Lastly, he wishes for his seniority in the post of Additional JAG to be calculated as accruing from January 2009, with consequential service benefits.
5. Bhupinder commenced his career with the ITBPF on 1 September 1978, with his initial appointment as Jamadar/General Duty (presently equivalent to Sub-Inspector/General Duty). He was subsequently promoted to the rank of Subedar/General Duty in 1985 (presently equivalent to Inspector/General Duty).
6. Bhupinder obtained his Law Degree from Choudhary Charan Singh University, Meerut, Uttar Pradesh, in 1994.
7. On 10 July 1995, he was promoted to and assumed charge as Assistant Commandant/General Duty, [“AC / GD”, hereinafter]. This promotion placed him in the pay scale of Rs. 2200-75-2800-EB-100-4000, which has since been revised to Pay Band-3, Rs. 15,600-39,100, with a Grade Pay of Rs. 5,400.
8. The recruitment rules applicable to the post of Judge Attorney were notified on 14 September 1999 and subsequently amended in 2001. The said rules, provided for filling up of posts through deputation or absorption,inter alia, andthe portion relevant to Bhupinder’s case has been reproduced below for ready reference:
| (1) | (2) | (3) |
| 4. Judge Attorney (Assistant Commandant ) | General Central Service Group “A” Gazetted (Non-Ministerial) | Rs. 8000-275-13500/- |
| (4) | (5) | (6) |
| Selection by merit | Not applicable | Not applicable |
| (7) | (8) | (9) |
| Not applicable | Not applicable | Not applicable |
| (10) |
| By deputation/absorption failing which by re-employment. |
| (11) |
| By Deputation/Absorption By deputation/absorption of a person who: i) Is or has been an officer of Central/State Government holding the analogous post and is having the degree in law of a recognized University or equivalent; or ii) Is or has been an officer holding the post of Assistant Commandant or equivalent in the pay scale of Rs. 8000-275-13500 in the Central Police Organizations having degree in law of a recognized university or equivalent; or iii) Is or has been an officer of the rank of Captain or equivalent in the department of the Judge Advocate General in Army/Navy/Air Force. By Re-employment By re-employment of person who is or has been an officer of the rank of Captain in the Department of Judge Advocate General in Army/Navy/Air Force. Note – ( Period of deputation including of deputation from another Ex-Cadre post held immediately proceeding of this appointment in the same or other organization/department of central Government shall ordinarily not exceed three years. The maximum age limit for eligibility for deputation shall be fifty-six years on the date of receipt of application. |
| (12) |
Group “A” Departmental Promotion Committee for confirmation consisting of: 1. Director General Indo Tibetan Border Police Force – Chairman 2. Inspector General, Indo Tibetan Border Police Force – Member 3. Director /Deputy Secretary, Ministry of Home Affairs – Member4. Deputy Inspector Gener |
Service in analogous posts must be counted for seniority determination upon deputation and absorption.
The main legal point established in the judgment is the recognition of the petitioner's service in BSF and NIA for eligibility to the post of ASP, based on the equivalence of his rank in BSF and NIA,....
The court emphasized the fundamental right to promotion and directed the consideration of the petitioner's seniority and promotion claims after disciplinary proceedings concluded.
Service rendered in equivalent rank during deputation recognized for promotion eligibility under recruitment rules, starting eligibility period based on actual service rather than mere absorption dat....
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
Eligibility for promotion under conflicting recruitment rules must prioritize service years and proper seniority lists as determined by precedent.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
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